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(영문) 의정부지방법원 2013.07.09 2013고단1481
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, on the ground that the Defendant’s wife was the believers of the “E branchratium” with D as a member of the Defendant’s wife, did not look at the families that she would feel to engage in the activities of the church, while driving away the above church;

1. On May 6, 2013, around 21:00 on the damage of and damage to property, the Ethrhnified for the foregoing reasons, and was collected in front of a church in the glass of the church, and the F investigation records, which are incorporated into the victim foundation, are 57 pages.

In light of the above legal principles, the court below held that the defendant's right of defense is not guaranteed even if the defendant's error as stated in the facts charged was corrected without changing the indictment, the defendant's right of defense is not guaranteed.

(b)dee and damage property by shouldering a door of the glass of the above church equivalent to 253,000 won in its possession;

2. On May 27, 2013, under the influence of alcohol around 11:30 on May 27, 2013, in violation of the Punishment of Violences, etc. Act (a collective action, destruction, etc. of deadly weapons, etc.) ; (b) in the front of the Ehypt by driving a G excavation searcher, the Defendant owned, in front of the Ehypt; and (c) in the front of the Ehypt, a dangerous object by operating the excavation searcher; (d) in the light of the F-owned market price of F, the foundation of the victim, the 2,663,200 won or more of Ehypted signboards; and (e) in the same manner, the F-owned market price of KRW 253,916,00, which is the foundation of the victim, damaged the property equivalent to KRW 2,90,00 in total, by destroying the glass door of the church entrance of the victim foundation;

3. On May 27, 2013, around 11:40 on the same day from May 27, 2013 of the Road Traffic Act and from May 27, 2011: (a) around 12:00 on the same day from May 27, 2013, a construction operator was not awarded a construction operator’s license to “Egy” in C, and (b) under the influence of alcohol concentration of 0.202%, while driving a G digging machine.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A H statement;

1. Destruction or photograph of the entrance of the Ethical Association;

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